This is not a law or guaranteed to happen as of 6/11/2026 when I write this, but it is interesting that the proposed sleep apnea criteria in this bill are different than those proposed changes from 2022.
SEC. 108. REFORMS RELATING TO DEPARTMENT OF VETERANS AFFAIRS DISABILITY RATINGS. (a) Ratings for Sleep Apnea.-- (1) In general.--The Secretary of Veterans Affairs shall revise the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, as follows: (A) A grade of disability of 0 percent shall be assigned for sleep apnea syndrome when the syndrome is asymptomatic, with or without treatment. (B) A grade of disability of 10 percent shall be assigned for sleep apnea syndrome when treatment yields incomplete relief. (C) A grade of disability of 50 percent shall be assigned for sleep apnea syndrome only if-- (i) treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions; and (ii) there is no end-organ damage. (D) A grade of disability of 100 percent shall be assigned for sleep apnea syndrome only if there is also end-organ damage. (2) Qualifying comorbid conditions.--For purposes of paragraph (1)(C)(i), a comorbid condition is a condition that, in the opinion of a qualified medical provider, directly impedes or prevents the use of, or implementation of, a recognized form of treatment intervention normally shown to be effective.
Back in 2022 the VA provided proposed changes to sleep apnea that look even worse:
VA also proposes to modernize the rating criteria for DC 6847, “Sleep Apnea Syndromes (Obstructive, Central, Mixed)” and retitle that DC as “Sleep Apnea Syndromes (Obstructive, Central, or Mixed)”. The discipline of sleep medicine has greatly evolved since VA published the existing criteria. The American Academy of Sleep Medicine (AASM), founded since then, conducted in-depth, peer-reviewed research in conjunction with its partners to develop scientifically-refined criteria regarding the definition, measurement, and treatment of sleep apnea. Sleep apnea may be defined as complaints of unintentional sleep episodes and/or awakenings and/or snoring associated with an apnea-hypopnea index (AHI) equal to or greater than 5 per hour or, alternatively, an asymptomatic patient with an AHI greater than 15 per hour. See Richard B. Berry, Fundamentals of Sleep Medicine 238 (2012). Additional findings supporting a diagnosis of sleep apnea include oxygen desaturation greater than 4 percent and/or a reduction in airflow below 70 percent. Such measurements can evaluate the effectiveness of treatment intervention or lifestyle modifications such as weight loss.
VA proposes to extensively revise the rating criteria for sleep apnea to primarily provide compensation that is more compatible with earning impairment than the current criteria. The current criteria evaluate based upon treatment rather than actual impairment. VA currently assigns higher ratings to individuals when their physicians prescribe more intensive therapies, such as continuous airway pressure (CPAP) machines, without regard to whether individuals first tried more conservative therapies, such as weight loss or oral appliances, or what actual impairment continues following use of CPAP machines. As discussed below, VA’s proposed criteria will focus on the result rather than the type of treatment. Hence, individuals whose treatments are equally effective will receive equal disability ratings, regardless of the treatments. Individuals for whom treatment similarly fails (or is only partially effective) will also receive similar ratings. These proposed changes for sleep apnea comply with 38 U.S.C. 1155 that the VASRD ratings reflect average losses in earning capacity.
Specifically, VA proposes to assign a 0 percent evaluation when sleep apnea syndrome is asymptomatic, with or without treatment. VA would assign a 10 percent evaluation when treatment yields “incomplete relief.” VA would assign ratings above 10 percent ( e.g., 50 and 100 percent) only when treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions. VA would assign a 100 percent evaluation only if there is also end-organ damage. VA proposes to include an informational note that defines and gives examples of qualifying comorbid conditions, i.e., conditions that, in the opinion of a qualified medical provider, directly impede or prevent the use of, or implementation of, a recognized form of treatment intervention normally shown to be effective.
6847 Sleep apnea syndromes (obstructive, central, or mixed):
Treatment ineffective (as determined by sleep study) or unable to use treatment due to comorbid conditions; and with end-organ damage …………………………………………………………………………………………………………………………………………………………. 100
Treatment ineffective (as determined by sleep study) or unable to use treatment due to comorbid conditions; and without end-organ damage …………………………………………………………………………………………………………………………………………………………. 50
Incomplete relief (as determined by sleep study) with treatment ………………………………………………………………………………………. 10
Asymptomatic with or without treatment ………………………………………………………………………………………………………………………… 0
Note: Qualifying comorbidities are conditions that, in the opinion of a qualified medical provider, directly impede or prevent the habitual use of a recognized form of treatment shown by sleep study to be effective in the affected veteran’s case (e.g., contact dermatitis where the mask or interface touches the face or nares, Parkinson’s disease, missing limbs, facial dis-figurement, or skull fracture).